We have been approached by our narcotics task force about whether they can, during the execution of a search, photograph and then destroy drug paraphenalia on the scene. They want to be able to do this because they are running out of room in their evidence locker for bongs, roach clips, beakers, etc. Health and Safety Code Section 481.153 allows for "summary forfeiture" of such contraband by peace officers when done in accordance with department rules. Has anyone else faced this issue? We are a little concerned about having officers make decisions about what is and is not drug paraphenalia and/or contraband on the scene and destroying it. It occurs to me that this provision may allow for summary forfeiture after the case is disposed of without the necessity of court action, but the statute doesn't really say so explicitly. As written, it appears to allow this type of summary evidence destruction on the scene. Anyone have any thoughts?

We've been kicking around similar issues. Don't forget to consider Article 38.39--some of that stuff might have biological evidence on it.

We are having the same problem. So does anyone hae the answer? Can a patrol officer who discover drug paraph. legally destroy it, with not even a written policy in place